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2019 Supreme(P&H) 2139

REKHA MITTAL
Bishamber Dayal And Others – Appellant
Versus
Duli Chand And Others – Respondent


Advocates Appeared:
Mr. C.B. Goel, Advocate for the Appellant.; Mr. Vikas Bahl, Senior Advocate with Mr. Amit Jain, Advocate for the Respondent.

JUDGMENT

Rekha Mittal, J. - The present appeal directs challenge against judgment and decree dated 30.07.1997 whereby appeal preferred against judgment and decree dated 18.10.1995 passed by the trial Court decreeing suit of the appellants/plaintiffs was allowed, judgment and decree dated 18.10.1995 were set aside and suit filed by the appellants/plaintiffs was dismissed.

2. The appellants/plaintiffs claimed that they are owners in possession of agricultural land bearing rectangle No.17 killa No.10 (8-0), 3 (8-0), 18 (4-11), 19(4-0) measuring 24 kanal 11 marlas situated in the revenue estate of village Mau, Tehsil Pataudi, District Gurgaon on the basis of registered sale deed dated 16.10.1980, in respect whereof mutation No.458 was sanctioned on 12.11.1980. It is averred that appellants are in cultivating possession of suit land since its purchase. The respondents/defendants got re-opened the mutation and the same was rejected on 31.07.1986 by the Circle Revenue Officer. The rejection of mutation is illegal, null and void. They prayed for relief of perpetual injunction restraining the respondents to take forcible and illegal possession of the suit land.

3. The respondents/defendants

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